Eric Macramalla's articles, television hits and radio clips on all things related to the law and business of sports
Wednesday, April 9, 2014
TSN 1200 Hit - I Talk Pistorius on Day 1 of Cross-Examination
Click here to listen to my radio segment with Steve Lloyd and Jason York where I break down Day 1 of Pistorius' cross examination.
TSN Article: Instant Legal Analysis: Day 1 of Pistorius Cross-Examination
Click here to read my TSN article entitled "Instant Legal Analysis: Day 1 of Pistorius Cross-Examination". I hit the critical parts of Pistorius' testimony.
Tuesday, April 8, 2014
CTV National News: Pistorius Testifies Day 2
I join Jacqueline Milczarek of CTV National News to talk Pistorius and his second day on the stand.
Click here to watch.
Click here to watch.
Monday, April 7, 2014
TSN Article: Pistorius Defence Team Takes Center Stage
In my TSN article, I discuss the many challenges faced by Oscar Pistorius and his defence team.
Click here to read the article.
CTV National News: Pistorius Takes The Stand
Oscar Pistorius took the stand today. Click here to watch my segment with CTV National News talking about Pistorius and what it means.
Friday, March 28, 2014
TSN Article: Northwestern Players Can Unionize
Click here to read my TSN article entitled "Legal Look: Northwestern Players Granted Right To Unionize".
Historic decision.
Historic decision.
Tuesday, March 25, 2014
TSN Article - Does Roddy White Have To Pay Up On Bet?
Click here to read my TSN article (via Bardown) on whether Roddy White needs to pay up on the season ticket offer to poor little Dylan Hoyt.
Thursday, March 20, 2014
Thursday, February 13, 2014
TSN Article: Legal Look: Where Michael Sam and the NFL Go From Here
Click here to read my TSN article "Where Michael Sam and the NFL Go From Here".
Monday, February 10, 2014
Thursday, January 23, 2014
Athletes & The Money They Blow
Former NFL QB Vince Young filed for bankruptcy this week. He joins a long list of players who have had problems hanging on to their money.
Young grossed $45 million during his NFL career. That's a lot of pennies. As per the Court filing, he now has about $100,000 in assets and between $1 million and $10 million in liabilities. This talented QB had the physical tools to be successful but his issue was between the ears. Now those ears are a lot more poor.
Young isn't alone. According to a few reports, 78% of NFL players are either bankrupt or in financial trouble within 2 years of retirement. For the NBA, it's 60% of players that are bankrupt within 5 years of leaving the sport.
We should remember, though, that not all players make Manning coin and nor do they play for a decade. According to some (not all agree with these numbers), the average career length for a player is as follows:
NBA = 4.8 years
MLB = 5.6 years
NFL = 3.5 years
So players obviously have finite careers and finite earning potential - but some more finite than others.
On top of that, income can be limited for some. While a guy like Brees makes $70 billion dollars or so, the minimum salary in the NFL $405,000 and a second year player gets $480,000. After taxes, these guys aren't exactly flush with cash.
The median NFL salary is about $800,000 (not to be confused with the $2 million average salary which is a less accurate reflection of where players stand given some of the really loaded contracts).
The reasons players blow their money are complex and varied: disadvantaged background and low socioeconomic status; terrible investment advice and parasites out to defraud them; short careers; overspending; divorce/child custody payments (Travis Henry has 9 kids with 9 different mommies); legal fees because he killed two people and then drove his white car on the highway engaging in a high speed chase.
Some or all of these factors can conspire to separate a player from his fortune.
Below is a list I've compiled from around the web of players who have blown it all (or most of it). Their names are followed by their approximate gross (in millions):
Mike Tyson - $400M
Evander
Holyfield - $250M
Allen
Iverson - $200M
Michael Vick - $130M
Scotty
Pippen - $120M
Antoine
Walker - $110M
Curt Schilling - $105M (not clear how much he lost but at least $50M)
Latrell
Sprewell - $96M
Vin Baker
- $93M
Derrick
Coleman - $90M
Terrell
Owens - $80M
Deuce
McAllister - $70 M
Warren
Sapp - $60M
Arantxa
Sanchez-Vicario - $60M
Marion Jones - $50M
Mark
Brunell - $50M
Lawrence Taylor - $50M
Tony Gwynn
$50M
Jamal
Lewis - $40M
Tiki
Barber - $35M
Lenny Dysktra - $25M
OJ Simpson - $20M
Travis
Henry - $20M
Muhsin
Muhammad - $20M
Bernie
Kosar - $20M
Jack Clark
- $20M
Rocket
Ismael - $20M
Bryan
Trotier - $8M
Dorothy
Hamill - $2M
Wednesday, January 22, 2014
Subban & Race: Some of Your Responses
My article on Subban's reception having nothing to do with race (a frame down) has generated lots of responses from people. Here are a few:
Jeff
Totally agree. He comes across as arrogant and
self-centered. He wants the spotlight to be on PK. Where I come
from in Southern Ontario, athletes like that get booed. Do leaf fans boo
Daniel Alfredsson because he was born in Sweden? Of course
not.
Max
Extremely well-written and argued. I
admit I am among those who suspect that race is a factor with Subban, and
although I am not entirely persuaded, you make a very strong case.
I
agree that people boo Subban because they perceive him as arrogant. Iginla,
Simmonds, Jones are not regularly booed the way Subban is, as far as I know.
And a post-racial world would be one in which we are free to boo players
because we perceive them as arrogant, and not feel awkward doing so because
they are black. And maybe that is where we are with Subban.
But...
It's a loaded issue. It's loaded because there is so much history of
white people taking major exception to black people they perceive as uppity or
arrogant. Just like women who display confidence are portrayed as bitchy.
There are double standards.
Would
people boo Subban if he where white and acted how he does on the ice?
Honestly, there is an argument that they would. But my sense is maybe
not. Maybe he would be treated as a talented phenom. It's really hard to
know. My sense -- and it's only a sense -- is that some of the boos or
some of the volume is due to the fact that he is black, and a lingering
discomfort that people unconsciously have with a black person not knowing their
place.
Justin
I agree that
booing Subban is not racially motivated at all. In fact, I would go as far to
say that the booing is almost somewhat of a compliment to him. He's a good
player; very good player and one of the best defenseman in the NHL today. You
boo him because there is that sense that you might "throw him off his
game" or whatever. And he draws a lot more attention because he is
arrogant. If Erik Karlsson did what Subban to the Ottawa fans in Montreal or
Toronto, he would be booed loudly. Remember Alfredsson's mocking of Sundin?
Ottawa fans loved it. Toronto fans never ever forgave him for it and he's good
and in professional sports, that will cause fans to boo you. And I am sure that
after last year's playoff beat down, it felt good for Montreal fans to see
Subban do it too.
If PK had come
into the league and had automatically been booed, I could see an argument being
made for it being race motivated. But that wasn't the case. And after a few
years of the triple high five, along with a few other antics, people have
started to boo him. If he wasn't this good, people probably wouldn't boo him.
He's a guy you hate playing against but you would love him on your team. In a
way he's like Milan Lucic or Chris Neil; would love them on my team, would hate
playing them. But Lucic or Neil do not possess anything like the skill Subban
has and they are not dirty players, so they do not get booed. Maybe a better
comparison even in my mind is Crosby. Frankly, I hate the guy- he's somewhat
arrogant, complains a lot and makes excuses every time things don't go his way.
But as soon as him or Subban put on the Team Canada jersey next month, I will
be in love with them both cause they have so much to offer to the team.
Sadly, I think
there will always be some crazy individuals who are racist and will boo or
dislike Subban simply because of the color of his skin. Look at what some crazy
individual did to Wayne Simmons a few years ago at a pre-season game. It's
really sad, stupid and unnecessary.
As for Subban I
don't think it is racially motivated at all.
Frank
I thought it was a frank, honest look at a sensitive
subject...Your column was spot on and pitch perfect and this isn't the kind of
thing that's going to go away anytime soon.
Mark
Race in
hockey is an issue, as you pointed out, because there are so few non-white
players. Only biathlon is more racially
homogenous. This isn’t
going to change for a long time primarily for economic reasons. You’d be hard pressed to find a more WASP
bunch of people than in a minor hockey rink for morning practice. The
reality of youth sports really comes down to cost. Whether you’re a new Canadian or not, hockey
is darn expensive. Basketball and soccer
not so much. If you’ve got several kids
(boys and girls) you’ve got to make economic choices. Soccer and basketball are just more
affordable and also much more girl friendly too.
Tom
I just read your thoughtful piece on what you believe to
be a lack of racism regarding the response to P.K., for whom I have a
tremendous amount of respect and affection. I've also been quite frankly
incredibly outraged at what I absolutely perceived to be some degree of racism
where PK is concerned.
Monday, January 20, 2014
Subban: It’s Not About Race
We’ve been hearing it for years now:
Pernell Karl Subban is booed by fans and singled out by NHL hockey players
because he’s black.
Some people apparently aren't even aware
that race is the reason they react to Subban the way they do - they are engaged
in an unconscious manifestation of racism. As the argument goes, we are living
in a complex time complete with elaborate social economic pressures, inherent
biases and uncontrollable prejudices. Subban bears the brunt of some of this.
Not buying it. Not by a long shot.
Subban is not being booed because he’s
black. Subban is not being singled out because he’s black. Subban is a target because his personality rubs some people the wrong way. To declare that racism
is the cause of this behavior is tedious, trite and convenient. It’s also a
scathing indictment of players and fans who rather innocuously express
negative views about Subban uncomplicated by race. Finally, it also diminishes
(albeit unintentionally) the substantial harm, anguish and brutality
perpetrated on people of color over centuries.

Going back to junior, however, Subban
has not been warmly received. He’s come off as arrogant and cocky. Indeed, his
own teammates, including some with the Habs, have expressed a common sentiment:
Subban needs to show a bit more deference and humility.
Arrogance isn't restricted to one
particular group. People across all races and ethnicities suffer from this
affliction. It’s nothing more than a personality type and to suggest otherwise
is very ironically lumping people who share a physical trait into one group.
A casual glance at the North American
sports landscape past and present reveals that many African-Americans have been
warmly received by fans: Calvin Johnson, Russell Wilson, David Robinson, Sugar
Ray Leonard, Kirby Puckett, Tony Gwynn, Julius Erving, Ken Griffey Jr., Reggie
White, Barry Sanders, Magic Johnson and Roberto Clemente Frankly, the list is endless.
Were these NHL players booed because of the color of their skin: Anson Carter, Grant Furhr, Mike Grier, Dustin Byfuglien, Jarome Iginla, Wayne Simmonds, Chris Stewart and George Laraque?
Were these NHL players booed because of the color of their skin: Anson Carter, Grant Furhr, Mike Grier, Dustin Byfuglien, Jarome Iginla, Wayne Simmonds, Chris Stewart and George Laraque?
Similarly, there are lots of white
players that have been regularly booed in opposing rinks and chirped by
opposing players. Dion Phaneuf, Sidney Crosby, Zdeno Chara, Alex Ovechkin,
Claude Lemieux, Sean Avery, Matt Cooke and Max Lapierre come to mind.
So whether a player is white, black or
orange, what seems to matter is how they carry themselves on and off the ice.
And of course, it also matters how much damage they inflict on other teams.
Skin color, however, as a key catalyst for hate in this particular circumstance
seems awkwardly misplaced.
So why are Subban and race so
intertwined? While black players in the NFL and NBA are commonplace, they only
make up a very modest segment of the NHL player population. Think about it –
how often do we hear the charge that an NFL player is being booed because he’s
black?
And yes, Simmonds had a banana thrown at him. A banana being thrown at player, however, is a singular discreet event and to infer that certain fans are racist as a result is highly disputable if not flawed reasoning.
So perhaps, compared to the other 3
sports, hockey is less experienced with players of color. As a result, we end
up seeing some things over-analysed.
There are of course going to be people
that will not only boo Subban because they don’t care for his personality, but
ALSO because he’s black. And some may boo him because he’s black. In those
instances, it’s racist. But this isn't one of those instances.
Hockey is a funny sport. It’s a bit like
the military. Individualism is not embraced nor encouraged. While the NFL does
seek a certain level of uniformity among its players, they can still dance
after a TD or celebrate a first down. Imagine if an NHL player danced after
scoring a goal or did the moonwalk after icing was waived off? We would
hear stuff like “that is way over the top”, “there isn't a place in the game
for that” and “the moonwalk is just inappropriate”.
NHL Players are directed to fall in
line; to blend in. Subban doesn't do either. What Subban does do is entertain with a refreshing blend of flair and skill. Sports is theater and athletes are
entertainers.
For some (present company included)
Subban isn't arrogant; he’s confident. While ego may make some uncomfortable,
it’s also an important feature of successful players.
Monday, December 16, 2013
TSN Article: Thornton Appeal is a Bad Idea
Click here to read my TSN article on whether Shawn Thornton should appeal his suspension. Ultimately, bad idea.
Thursday, December 12, 2013
TSN Article: Why The Delay On The Thornton Suspension?
My TSN article entitled Why The Delay On The Thornton Suspension?. Click here to read it.
TSN Radio Clip: Expos, Thornton, Media Money and Home Plate Collisions
Click here to listen to my segment with Steve Lloyd and Jason York on TSN 1200. We hit lots of hot topics.
Thursday, December 5, 2013
NBC Article: NHL Concussion Lawsuit Q&A
I wrote a Q&A on the NHL concussion lawsuit for NBC. To read it, click here.
NHL lawsuit: Interviews with Lead Lawyer for Players and Rick Vaive's Lawyer
Last night on Offside, I interviewed Steve Silverman and Trevor Whiffen. They both have very different views on the merits of the NHL concussion lawsuit.
Steve is the managing partner and lead lawyer for the players on the lawsuit.
Apart from being the Governor of the London Knights, Whiffen founded the Ice Dogs with Don Cherry. He is also Rick Vaive's lawyer. Vaive pulled out of the NHL concussion lawsuit after it was filed. According to Whiffen, Vaive wasn't aware of the broad scope of the lawsuit.
Both Silverman and Vaive provide great content and Whiffen was pretty passionate. Click below to listen to their interviews:
Tuesday, December 3, 2013
TSN Article: KC Chiefs Concussion Lawsuit
We have another NFL lawsuit.
Former players for the Chiefs are suing the team for their brain damage. Click here to read my TSN article on how this lawsuit is different than the big class action lawsuit.
Thursday, November 28, 2013
NHL Lawsuit Did Not Result In 200 New Recruits
There are reports suggesting that the NHL concussion
lawsuit has resulted in the recruitment of over 200 new players to the
litigation. These players would join ex-players like Rick Vaive, Gary Leeman
and a fella named Morris Titanic (perhaps the best name ever).
So it's an incorrect assumption that the filing of the
lawsuit resulted in the recruitment of new NHL players. The names of the other
unnamed hockey players will be made available in the near future – but just not
right now.
All that aside, the filing of the lawsuit will
undoubtedly be used as a tool to inspire others to join. In fact, if you’re a
player and want to join, you need only go to the plaintiffs' law firm website
and click on “Sign
up to be part of the NHL Concussion Lawsuit”.
Tuesday, November 26, 2013
Semyon Varlamov: Domestic Violence Charge, Deportation, Patrick Roy and Kobe Bryant
Click here to read my article on Semyon Varlamov. I hit on his assault charge, possible deportation and his link to Kobe Bryant.
Click here to read it.
TSN Radio Montreal - NHL Concussion Lawsuit
I join Tony Marinaro from TSN Montreal Radio. We talk the NHL concussion lawsuit.
Click here to listen.
Click here to listen.
TSN Article: NHL Concussion Lawsuit
Click here to read my TSN article on the NHL concussion lawsuit.
ESPN Article: NHL Concussions Lawsuits
Scott Burnside from ESPN interviewed me on the NHL concussion lawsuit. To read the article, click here.
TSN 1200 Radio Clip: NHL Concussion Lawsuits
I joined Steve Lloyd and Jason York at TSN 1200 Radio to talk the NHL Concussion lawsuit.
Click here to listen.
Click here to listen.
Thursday, November 21, 2013
TSN 1200 Radio Clip: A-Rod & The Poor Briefcase
What did the briefcase ever do to A-Rod? Not terribly nice to kick it when the briefcase has been there for A-Rod and carried his things (sandwiches, Fanta and a mirror).
Anyway here's my radio clip on the matter with the boys at TSN 1200.
Anyway here's my radio clip on the matter with the boys at TSN 1200.
TSN Article: What Does A-Rod's Walk Off Mean?
A-Rod kicked his briefcase and then stormed out of arbitration. He wasn't happy. Click here to read my TSN article "What Does A-Rod's Walk Off Mean". I cover what went down and what's next.
Wednesday, November 6, 2013
TSN 1200 Radio: Mayor Ford & Richie Incognito
Click here to listen to my radio clip with Steve Lloyd and Jason York on TSN 1200 Radio. We hit Rob Ford and Richie Incognito.
Thursday, October 24, 2013
The Washington R-Word
by Max
Faille
(Guest Contributor)
Max Faille is a law partner. He's a great lawyer and practices in the area of Aboriginal Law.
Under the
editing standards of this and most websites, and respectable publications across
the English-speaking world, I would not be able to write that ugly racial slur
to describe African-Americans, commonly referred to as the “n-word,” under any
circumstances. Even if to denounce its
use. Yet under those same standards I
can readily use an equally ugly racial slur, directed at Aboriginal people:
Redskin.
It’s used
all the time, mostly to describe Washington’s NFL team, whose owner Dan Snyder
insists will continue to be called that name, despite the fact that it is a
racial slur. Despite the fact that a growing number of publications and sports
writers have denounced it or decided that they will refuse to use it in their
sports coverage: Bob Costas, Sports
Illustrated’s “Monday Morning Quarterback” Peter King, Slate Magazine, USA Today
Sports’ Christine Brennan…
People
will say that this is “political correctness” run amok. It’s not.
Throwing out the term “political correctness” should not be a
conversation-ending nuclear bomb that stops us from actually thinking about an
issue.
Look at it
this way: Tyler Bray is a third-string rookie
quarterback with the Kansas City Chiefs, after being a standout at the
University of Tennessee. He also happens
to be a tribal member of the Citizen Potawatomi Nation in Oklahoma. If someone on the field were to call him a
“redskin,” that person would almost certainly be disciplined by the league – fined,
maybe suspended. Rightly so. Just as someone would be disciplined if they
called an African-American player an “n-word” or “monkey” or some other equally
despicable term. These and other racial
epithets have no place in any athletic contest that purports to be
honourable. This begs the question: how
can a professional sports league tolerate having one of its franchises be
called a name that if used on the field of play would result in disciplinary
action by that same league?
Let’s be
clear. When the term “Redskins” was
originally chosen in 1931, it was not intended as a slur. Franchises obviously select names that they
feel will honour their team, not disgrace them.
But times change. The meaning we
attach to words evolve. There was a time
when we used the word “coloured” or “negro” to describe African-Americans. Martin Luther King Jr, in his famous “I Have
a Dream” speech used the word “negro” eight times. In baseball, we had the famous “negro
leagues.” But can we imagine a team
today called the New York Negroes?
No. Word meanings change. Thinking and society evolve, hopefully for
the better.
One thing
that has evolved, hopefully for the better, is that we no longer use
skin-colour to define people. “Coloured,”
“negro,” “n-word” – these are all references to skin colour. Even “black,” while still used, is falling
out of use, in favour of “African-American.”
We don’t call Asian people “yellow” (at least, not anymore). We aspire, in those soaring words of MLK, to
judging people “not by the color of their skin but by the content of their
character.” We should do so in deeds and
in words alike.
Words take
on meaning, and it is meaning that matters.
Arguably, there is nothing inherently
offensive about the “n-word.” They are letters on a page. But it has come to be used as a vicious
slur. The same is true of “redskin,” or
what I should actually refer to as the “r-word.” It is offensive to millions of Native
American/First Nation people.
True, other
team names refer to peoples: Minnesota Vikings, Notre-Dame Fighting Irish, my
beloved Montreal Canadiens... But none
of those are a race. None refer to skin colour. And, most importantly, none of those is an ethnic slur. It’s not the Notre Dame Mics or the Montreal
Peppers.
There are
other team names that refer to Aboriginal people: Blackhawks, Seminoles,
Fighting Illini, etc. The issue when it
comes to those names is much more subtle.
Some are not a reference to race but to a Nation -- Seminoles, Illini –
and are similar in that sense to Fighting Irish or Canadiens. In many cases, appropriately, the teams have
consulted with and obtained the consent of those Aboriginal Nations to use
their name.

As a
sports fan, I understand the resistance to change. I’m a lifelong, passionate Montreal Canadiens
fan. If someone told me tomorrow our
team name had to change, I’d be pretty upset.
And I would want to be convinced that there was a damn good reason. But I’d like to think that the fact the name
was a racist slur would be pretty much the best possible reason you could give
me.
And although
at times it’s easy to forget, it’s just sports, and it’s just a name. Is it really worth disrespecting millions of
people across North America, who are already deeply marginalized?
People
were upset in Baltimore when they lost the Colts; when they got a football team
back, they wanted the name back too.
They didn’t. But time, and two Superbowl
championships, heal all wounds.
Ultimately,
what is at stake is not so-called “political correctness.” It's whether owners, leagues,
players and fans believe in upholding certain values that are at the heart
of professional and amateur sports: honour and respect.
Thursday, October 10, 2013
TSN Radio 1200 - Radio Clip - NFL Issue of the Day
I join Steve Lloyd and Jason York on TSN Radio 1200 to chat NFL documentary League of Denials and where things are generally.
Monday, October 7, 2013
Pujols: Copy of the Lawsuit
Click here to read a copy of Albert Pujols' defamation lawsuit against Jack Clark. The most shocking reveal in the Complaint - Albert's last name if Alcantara.
Friday, October 4, 2013
ARod Lawsuit - What's Going On
By Jacob Zelmanovitz
(Jacob is
an attorney specializing in commercial litigation)
As
you probably know by now, ARod, or Alexander Emanuael Rodriguez (middle names
are fun!), has filed a lawsuit against Major League Baseball and Bud Selig in
the Supreme Court of the State of New York.
Here’s some questions you may have about that lawsuit, as well as some
answers.
Yay, a Supreme
Court Case! Wait, that was fast, aren’t
there supposed to be appeals and other boring stuff first
This
case is in the Supreme Court of the State of New York, but the actual top court
in New York is called the Court of Appeals.
What is “Supreme” about this Supreme Court it is the top level trial
court in the state. Yes, that’s all
counterintuitive, but knowledge of this arcana is part of how we lawyers
justify ridiculous hourly fees. So if
you’re waiting to hear Justice Scalia wax poetically sarcastic about baseball,
settle in, you’ve got quite the wait ahead.
Why is he suing
now? Why not before the arbitration
started?
This
is a great question. The lawsuit was
filed four days into the appeal to an arbitrator of ARod’s suspension, though
it could in theory have been filed quite some time ago. It is possible that the timing is a result of
Rodriguez’s team being less than thrilled with how the arbitration has been
going. It is also possible that some of
the grounds for the suit only came to light immediately before or during the
arbitration proceeding.
How can ARod
sue now if there’s already an arbitration proceeding?
This
is not directly about whether or not Rodriguez used PEDs or was properly
suspended, which is what Rodriguez’s appeal to the arbitrator is all about. It’s about whether or not MLB acted improperly
in its dealings with ARod and his alleged use of PEDs.
Instead,
the complaint lists two similar wrongs that ARod claims MLB and its
commissioner have committed: tortious
interference with prospective business relationships and tortious interference
with existing contracts.
Tortious
interference? Ugh, lawyers. Plain English please.
ARod
is alleging a witch hunt by MLB. Specifically,
Rodriguez is claiming that MLB and Bud Selig interfered with his ability to get
sponsorship deals (those are “the prospective business relationships”). While it’s not always legally wrong to
convince sponsors to drop an athlete for cheating, the claim here is that the
way MLB and its commissioner did so was so improper that it is now liable for the
damage it caused (in other words, “tortious”). In his suit, Rodriguez claims that the
defendants “willfully and maliciously” leaked details of its investigation
against him to the media, knowing and intend for it to cause sponsors to drop
him. The fact that the disciplinary
process is supposed to make such information confidential renders the leaks a
tortious act, and therefore grounds for this lawsuit.
But
it’s not just about leaks. Rodriguez
also claims that MLB and its commissioner acted improperly in other aspects of
its disciplinary process, using dubious lawsuits to gain evidence in discovery,
issuing improper subpoenas, and even intimidating and buying off witnesses who
might have helped defend him in the disciplinary process.
So ARod
claims that the suspension MLB is trying to impose is also a wrongful act, or
tortious, in that the suspension was obtained through a malicious and unethical
investigation, costing him sponsorship opportunities and his ability to fulfill
his contract and play for the Yankees (that’s the “existing contract” he says
was tortuously interfered with).
Why couldn’t he
sue for something easy to understand, like libel or slander?
Because
in a suit for libel and slander, truth is a defense. So long as a defendant was telling the truth,
such a lawsuit would ultimately fail. In
contrast, the fact that your leaks contained only true information is no
defense to a tortious interference claim if you had previously agreed to keep that
information confidential.
What happens
next?
We
wait. It may be months before MLB
responds to the suit.
How can MLB
respond?
There
are basically two responses that baseball can make. One is to file an answer the complaint. Such a document addresses each fact alleged
in the complaint in one of three ways, by
(i) admitting that the particular alleged fact is true, (ii) denying
that particular alleged fact is true, or (iii) stating that the defendants
don’t know yet if it’s true or not.
The
second, and perhaps more likely response, is a motion to dismiss the
lawsuit. Such a motion can be made for
any number of reasons, including that under the CBA any dispute between Rodriguez
and MLB must be heard by an arbitrator, and not taken to court. That last one would be a shame if successful because
arbitration is secret, while anything filed in this lawsuit is a matter of
public record.
Copy of ARod's Lawsuit Against MLB
Click here to read ARod's lawsuit against Major League Baseball. Essentially, he's alleging that MLB engaged in improper conduct that has interfered with his earning potential. I'll have some comments up on this later today.
Wednesday, October 2, 2013
TSN Article - Legal Side of Fighting
Click here to read my TSN article on fighting in the NHL and the changing narrative.
TSN Radio With Mike Richards - We Talk Fighting
I join Mike Richards from TSN Toronto Radio to talk George Parros concussion and the fate of fighting in the game of hockey.
Tuesday, September 24, 2013
CBS Article: Helmet-removal rule - What it means today and moving forward
Here is a link to my CBS article Helmet-removal rule: What it means today and moving forward.
Does the rule make sense? I discuss why it may.
Does the rule make sense? I discuss why it may.
Monday, August 19, 2013
Copy of Pistorius Indictment
I got my hands and a copy of the Pistorius indictment. It lays out the charges and the list of the prosecution's witnesses. As you will see, many are from the same apartment complex as Pistorius. This ties to witnesses saying they heard a woman scream, then gunshots then more screams.
There are 107 witnesses on the list. Trial is set for March 3, 2014 - but could be delayed.
To read the indictment, click here.
Monday, August 5, 2013
CTV National News: A-Rod's Suspension
I join CTV National News to discuss A-Rod's suspension. This all makes me very sad. Well not really.
Click here to watch.
Click here to watch.
Thursday, August 1, 2013
A-Rod Weighing His A-Options
Facing a
lifetime ban from baseball, which would include the forfeiture of $86 million
in salary plus being officially barred from the Hall of Fame, Alex Rodriguez
has undoubtedly been spending a lot of time with his lawyers.
In a case
like this, Rodriguez and his lawyers would sit down and weigh his options. They
would play out different scenarios identifying the pros and cons. Here are his
key options:
Option 1: Dig In and Fight
Baseball
has reportedly offered Rodriguez a deal: agree to be suspended and forfeit your
right to an appeal, and in exchange we will only suspend you for the rest of
this season and all of next season. If he agrees to that, if/when he returned
in 2015 at the age of 38, he would have 3 years left at $61 million. Not too
shabby.
However,
if Rodriguez decides not to cut a deal, reports are that Commissioner Bud Selig
will suspend him for life. On top of that, baseball will suspend Rodriguez, in
part, under the Collective Bargaining Agreement (and not just the Drug Policy).
This
distinction matters. If Rodriguez were only suspended under the Drug Policy, he
would be able to play during his appeal (which will be heard by Fredric
Horowitz). That would mean we could see him back this season playing for the
Yankees. However, if MLB suspended Rodriguez under the CBA, he would not be
allowed to play while his case is being appealed. Under the CBA, baseball can
go this route if a player has engaged in conduct that is detrimental or
prejudicial to the “best interests of baseball”, and can include things like breaking
federal, state or local laws. This isn’t something baseball exercises lightly;
it’s a dramatic option.
There is
even the option of baseball invoking Article XI(A)(1)(b) of the Basic Agreement,
which provides that Selig can make a ruling if a case involves “the
preservation of the integrity of, or the maintenance of public confidence in,
the game of baseball”. This is also important. If Selig exercises this option,
Rodriguez’s appeal would not go to an independent arbitrator but rather back to
Selig. That would all but guaranteed a loss for Rodriguez. However, Selig has
advised that he won’t be doing this.
So if
Rodriguez decided not to cut a deal, his next step would be to appeal his lifetime
ban. That appeal would first go to Mr. Horowitz. We haven’t seen the evidence
against Rodriguez. Reports however, are that it is overwhelming and
substantial. It may also include things like witness tampering, interfering
with the investigation and recruiting athletes to Biogenesis (allegations which
Rodriguez has denied). Even with this evidence, baseball may have a difficult
time getting Mr. Horowitz to uphold the lifetime ban on appeal.
The
lifetime ban punishment is only for the most exceptional of circumstances, and
while PED use and possible obstruction of justice charges are very serious, generally more is needed
before a player can be denied lifetime employment in baseball. This is
particularly the cse for someone who has not been suspended before. Historically
in baseball, it’s tough to enforce these types of bans. This isn’t breaking
news, and baseball is aware of this.
So
Rodriguez if appeals the ban, it may be reduced to somewhere around 150 games –
which would be most of next season. But really, that’s just a guess. A lot will
turn on the evidence. If it shows an extensive pattern of PED use together with
substantial interference with the investigation, it could be more.
If he’s unhappy
with whatever ruling the arbitrator’s makes, Rodriguez could head to court. If he
did, Rodriguez would attack the credibility of those who provided the evidence,
including Biogenesis founder Tony Bosch and former employee Porter Fisher.
Bosch has allegedly engaged in criminal activity and would become a significant
target of a Rodriguez defence. His legal team would also hope that the pressure
of litigation may encourage MLB to settle on more favourable terms. However,
that seems unlikely given that baseball is accustomed to litigation and is fully
committed to this case.
So if he
elects to fight, he first heads to arbitration (while still suspended) and then
possibly off to court. Messy and long.
Option 2: Cut A Deal
The
evidence against Ryan Braun was overwhelming and substantial. For that reason,
he accepted a major suspension even in the absence of a positive drug test (he
has the same lawyer as Rodriguez by the way). According to reports, the
evidence against Rodriguez is even more overwhelming and even more substantial.
There are also reports of a longstanding relationship between Rodriguez and
Bosch going back a number of years.
If there
is indeed very good evidence against Rodriguez, his lawyers will canvass the
benefits of settlement. First, if he agrees to the deal on the table, he could
be back in 2015 and still have 3 years/$61 million left on his deal.
As well,
by agreeing to MLB’s terms, he will get immediate certainty as far as the
length of his suspension. In contrast,
if he goes to arbitration, the length may be reduced but may still exceed MLB’s
current offer. And if this somehow ends up in Court, this could take multiple
years to litigate – and the entire time Rodriguez may not be able to return to
baseball. So if he fights, the only certainty is uncertainty.
There is also
the matter of legal fees. At $450 million, Rodriguez is the highest paid
athlete in major league baseball history. So lawyer fees aren't going to be an
issue.
On the
flip side, if he takes the deal he will effectively be declaring his guilt. You
might remember that he admitted to using PEDs for three-year period beginning
in 2001. By agreeing to a suspension now, the public may well conclude that he
has used his entire career. Essentially, there would be no recovering his
legacy. He will be perceived as the Lance Armstrong of baseball. The problem
for Rodriguez is that the legacy ship may have already sailed.
Option 3: Try Something Else.
Cricket
looks like fun.
Ultimately,
Rodriguez seems cornered. He is looking to pick the best option available to
him under the circumstances. Not an enviable position to be in.
Indeed, rock
meet hard place.
Interview with TJ Quinn: Some of The Highlights
Steve Lloyd and I interviewed TJ Quinn recently on my radio show Offside. TJ is an investigative reporter with ESPN's Outside The Lines and has done a terrific story breaking a lot of stories in connection with Biogenesis.
Here's a transcript of some of his interesting comments:
MLB
Player Reaction to Braun Suspension
My
colleagues have reported being overwhelmed at how many guys came up and said
they were happy that he got nailed. People were furious. It’s one thing to lie
about it. It’s one thing to make a snide accusation that somehow the sample
collector was to blame and was out to get him. Players have been saying he made
us lie; we defended him and he let us do it. So you have the indignancy of
being asked to lie for somebody - and on top of that there has been a real
cultural change in our players see this. There is sizable majority that want to
see drugs out of the game and want to see cheaters punished.
On Tony
Bosch being a doctor
He says he
went to medical school in Belize and he has a degree in his office. He is not
an MD and certainly has never held a license to practice medicine.
On
Porter Fisher’s importance
He is the
one that unravelled Biogenesis publicly. We have been working on this since
last August. Sometime a few months later, Fisher, who had been a client of
Biogenesis and then became an investor and then quickly became an unhappy
investor, had it with Tony Bosch. Bosch owed him $3600, Porter asked for it, and
Bosch said he wouldn’t pay him. So after that, Fisher went to the Miami New
Times with 4 boxes of [Biogensis] documents.
On
whether Fisher initially believed Bosch’s activities were legitimate
He says
that he believed they were perfectly legitimate. He called himself a doctor, he
had a degree on the wall and everyone called him Doctor T. He even had a lab
coat – how much more official does it get than that.
He had no
reason to doubt him. He also said at the outset he was unaware there was a
performance enhancement part to Bosch’s practice. He knew of the weight loss
component as he had been a client of Bosch. Then he figured it out after
looking at the books.
On
whether Fisher tried to blackmail Bosch
He denies
that ever happened. When I asked him that question on camera he suggested he
would pursued it in any event. He believed that someone had to look at Tony
Bosch. Whatever his motivation, one thing that did seem clear was that he
wasn’t looking for attention and he wasn’t really looking to do anything about
the athletes. He said he didn’t really know who most of the athletes were when
he got the documents. He wasn’t much of a sports fan. The only names he
recognized were Alex Rodriguez and Melky Cabrera. He took the stuff about to
the Miami New Times more concerned about with the names lawyers, judges and local
law enforcement thinking they would jump on that. When the Miami New Times
reviewed the documents, they figured out quickly how many athletes there were.
There have
been a lot of smears against Fisher and a lot of parties interested in
discrediting him and saying he wanted money for the documents. Based on
everything we have seen, (and we have done a lot of reporting to check him out)
he never did. When he went to the Miami New Times they said he never asked for
money. He didn’t go to major league baseball and ask for money.
On
NBA players being connected to Biogenesis
According
to Porter – yes. I don’t know the names of anybody involved. He has indicated
that they aren’t major names. He knows about a dozen athletes from outside of
major league baseball across 6 sports. So obviously the numbers aren’t
overwhelming for any one of those sports. But that also only covers a very
short period of time where he had access to documents. He estimates that Bosch
worked with over 100 athletes if you go back a few years.
So he may
have had a few clients from other sports but it doesn’t sound like he had a
major operation in those sports like he did in baseball.
On
Rodriguez’s longstanding relationship with Bosch
It goes
back years. Bosch had a different relationship with Arod. He got the personal
treatment that others did not. He generally used couriers for other athletes
like Ryan Braun. But Bosch would go to Arod’s house and inject him there. He
once went to his house and was trying to get into a vein. He couldn’t hit the
vein and Arod was bleeding all over his house and got furious at Bosch and
kicked him out of the house. Bosch was worried he was done and was going to
fire him. For years it was more than just casual contact.
On Rodriguez
declaring he wants to be a role model
There
seems to be a disconnect between what he thinks he can do to restore his image
and where his image really is. Unless he can show a massive conspiracy by Tony
Bosch to get him, he’s cooked. Baseball had an expectation (on the evidence)
and Bosch exceeded it.
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